VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00070
Package ID: USCOURTS-cofc-1_16-vv-00070
Petitioner: C.C.
Filed: 2017-03-02
Decided: 2017-11-17
Vaccine: MMR
Vaccination date: 2013-02-05
Condition: immune thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Jamie Spivak, as the parent and natural guardian of a minor child, C.C., filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2017. C.C. received the measles, mumps, and rubella (MMR) vaccine on February 5, 2013, and the varicella vaccine on February 28, 2013. The petitioner alleged that C.C. was diagnosed with immune thrombocytopenia purpura (ITP) which was caused-in-fact by these vaccines. The petition stated that C.C. received the vaccines in the United States, suffered residual effects of ITP for more than six months, and had not received other compensation for the alleged vaccine injury. The respondent denied that the varicella or MMR vaccine caused C.C.'s ITP or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 2, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Jamie Spivak would receive compensation sufficient to purchase an annuity contract, representing all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner's counsel was Randall G. Knutson of Knutson & Casey Law Firm, and respondent's counsel was Althea W. Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner Jamie Spivak, on behalf of minor C.C., alleged that the MMR vaccine administered on February 5, 2013, and the varicella vaccine administered on February 28, 2013, caused C.C. to develop immune thrombocytopenia purpura (ITP). The respondent denied causation. Despite the denial, the parties entered into a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The award was structured as an amount sufficient to purchase an annuity contract, covering all damages available under the Vaccine Act. The theory of causation was presented as "Off-Table" in the provided data, and the public decision does not detail specific medical experts, clinical findings, or the proposed mechanism of injury beyond the general allegation of vaccine causation for ITP. Petitioner's counsel was Randall G. Knutson, and respondent's counsel was Althea W. Davis. Chief Special Master Nora Beth Dorsey issued the decision on November 17, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00070-0
Date issued/filed: 2017-11-17
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 03/02/2017) regarding 28 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00070-UNJ Document 35 Filed 11/17/17 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0070V
Filed: March 2, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMIE SPIVAK, the parent and *
natural guardian of a minor child, C.C., *
*
Petitioner, * Joint Stipulation on Damages;
v. * Measles, Mumps, and Rubella (“MMR”)
* Vaccine; Varicella Vaccine; Immune
SECRETARY OF HEALTH * Thrombocytopenia Purpura (“ITP”)
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 13, 2016, Jamie Spivak (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 (the “Vaccine Act”) on behalf of her minor child, C.C. Petitioner alleges C.C. was
diagnosed with immune thrombocytopenia purpura (“ITP”) which was caused-in-fact by
the measles, mumps, and rubella (“MMR”) vaccine C.C. received on February 5, 2013,
and the varicella vaccine C.C. received on February 28, 2013. Petition at 1, ¶¶ 4, 11;
see also Stipulation, filed Mar. 2, 2017, at ¶¶ 1-2, 4. Petitioner further alleges that C.C.
received the vaccines alleged as casual in the United States, that C.C. suffered the
residual effects of his ITP for more than six months, and that neither petitioner nor C.C.
has received compensation for C.C.’s injury alleged as vaccine caused. Petition at ¶¶
4, 11-12, 14; see also Stipulation at ¶¶ 3-5. “Respondent denies that the varicella or
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00070-UNJ Document 35 Filed 11/17/17 Page 2 of 9
MMR vaccine caused C.C.’s immune thrombocytopenia purpura or any other injury or
his current disabilities.” Stipulation at ¶ 6.
Nevertheless, on March 2, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
An amount sufficient to purchase the annuity contract described in the
stipulation (id. at ¶ 10) paid to the life insurance company, meeting the
requirements set forth in the stipulation (id. at ¶ 9), from which the annuity
will be purchased. Id. at ¶ 8. This amount represents compensation for all
items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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